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Active return meaning

What does Active return mean?
Active return, in investment management and fund documentation used in the UK and Ireland, describes the portfolio’s performance relative to its chosen benchmark. It is calculated as the portfolio’s total return minus the benchmark’s total return over the same period, producing a positive (outperformance) or negative (underperformance) figure. It is a descriptive, market term rather than one defined in legislation or case law, and usage is consistent across England & Wales, Scotland, Northern Ireland and Ireland. The concept commonly appears in investment management agreements, fund prospectuses (UCITS/AIFs), pension scheme mandates and regulatory disclosures (FCA/CBI, MiFID/UCITS). It is used to assess manager skill, to set or trigger performance fees, to report benchmark‑relative performance and to support stewardship and governance. When drafting, specify the benchmark; the period; whether returns are time‑weighted or money‑weighted; whether figures are gross or net of fees and taxes; and the treatment of income (reinvested vs distributed), currency effects and hedging. Active return is sometimes called excess return; to avoid ambiguity, state clearly that the comparison is to the benchmark (not the risk‑free rate). A related concept is tracking error, meaning the volatility of active return.
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NEWS
UK and EU competition update: CMA’s first Google SMS probe (DMCCA 2024); CMA annual plan; CAT cartel settlements; NI Protocol review; Lufthansa interim measures; AG opinion on exclusive distribution

In this issue: UK digital markets UK competition policy UK private actions EU antitrust Daily and weekly news alerts Caselex UK digital markets CMA opens first ‘SMS investigation’ under the DMCCA 2024 into Google’s general search and search advertising The CMA has begun an ‘initial SMS investigation’ under Part 1 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). This is the authority’s first SMS designation probe under the new DMCCA digital markets framework. The CMA’s power to designate undertakings with SMS, and potentially impose conduct requirements, took effect on 1 January 2025. The Investigation Notice states that Alphabet Inc, Google LLC, Google Ireland Limited and Google UK Limited (Google) provide general worldwide web search and information return (general search), and advertising to users of general search (search advertising). The CMA considers these meet the definition of a digital activity and can be treated as one activity. The Notice excludes specialised search service interfaces, such...

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PRACTICE NOTES
Interim injunctions for misuse of private information: applications, urgent/without-notice procedure, anonymity and super-injunctions, evidence, non-party binding and case management (England and Wales)

Read this Practice Note alongside Practice Notes: Privacy law—misuse of private information and Privacy law—remedies. Brexit This Practice Note makes multiple references to the European Convention on Human Rights (ECHR), which is given effect in UK law by the Human Rights Act 1998 (HRA 1998). Brexit has not, by itself, altered HRA 1998 or the ECHR’s incorporation through that Act. The ECHR is an international treaty that protects human rights across the member states of the Council of Europe, a body wholly distinct from the EU. The UK remains within the Council of Europe. The EU-UK Trade and Cooperation Agreement confirms that the arrangement leaves the UK’s ECHR obligations unchanged and allows the agreement to be brought to an end if either party denounces the ECHR. For further information, see: Q&A: What does Brexit mean for the Human Rights Act 1998? LNB News 07/01/2021 77: Comment—EU-UK Trade and Cooperation Agreement provisions on human rights See also Practice Note: What does...

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PRACTICE NOTES
UK Insurance and Reinsurance Glossary for Lawyers: Legal, Regulatory, Market, Underwriting and Claims Terms

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z This glossary provides helpful (re)insurance and underwriting definitions. For focused guidance on reinsurance terminology, see Practice Note: Reinsurance—essentials. A Accident An unforeseen or unintended event or incident that typically results in damage or injury (physical or financial) to the insured or a third party. Accidental damage Unintended or unexpected harm or damage caused to property or a person. Accidental death benefit Some life insurance policies pay an extra amount, over and above the original sum insured, if the insured dies because of an accident. Act of God (force majeure) An occurrence beyond anyone’s control, such as a natural disaster. Active underwriter The person with primary responsibility and authority to accept insurance and reinsurance risks on behalf of the members of a syndicate in the Lloyd’s market. See also Underwriter. Actuary A qualified professional who...

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PRACTICE NOTES
Credit-Linked Notes: Overview of Structures, Documentation under Programmes, and Key Legal, Regulatory, Listing and Settlement Considerations

What is a credit linked note? A credit linked note (CLN) is a funded credit derivative (see Practice Note: What are credit derivatives?). Unlike a credit default swap—essentially its unfunded counterpart—a CLN sits on the issuer’s balance sheet. Its value is driven by the credit risk of a third party, known as the ‘reference entity’. In its simplest form, the issuing entity (the protection buyer) issues a note; on the issue date the noteholder (or protection seller) pays the face amount and then receives an agreed return until either a credit event occurs in relation to the reference entity or the note reaches maturity. A CLN allows an investor to obtain the returns of a potentially risky reference entity without owning that entity directly. Who issues and buys credit linked notes? CLNs are generally issued by special purpose vehicles or financial institutions. They are typically bought by financially sophisticated investors—pension schemes, hedge funds, insurers and other financial institutions are active purchasers of credit linked notes. Financial institutions...

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PRECEDENTS
Partners’ strategic review form for law firms: vision, culture, SWOT, governance, client services, risk, finance, performance, people, IT, succession and priorities

Ahead of the firm’s strategic review and development, all [ equity ] partners are asked to complete this questionnaire. Please email it to [ insert name and email address ]. Return by: [ insert date ] [ Name OR Department ] [ insert name of respondent ] Vision/future What is your vision for the firm in five years? [ insert response ] Top challenges the firm faces What are the top three business challenges for the firm? Culture and values Please circle five options that best describe the firm: ambitious dynamic pro-active innovative business-like traditional client-focused unimaginative team-focused reactive successful under achieving efficient working in silos forward thinking lacking ambition declining modern struggling expanding SWOT Strengths Name three things the firm does well: ...

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